
The number of SSA administrative law judges deciding appeals of denials of benefits is continuing to decline, although the rate of allowing benefits to be paid has held about steady, according to an inspector general report.
Between fiscal 2018 and 2022, the number of ALJs making at least one decision fell from 1,718 to 1,287, including a drop of about 80 between 2021 and 2022. In that time, the total number of decisions also fell, from 602,000 to 314,000; the decisions mainly involve claims for disability benefits under the Old-Age, Survivors and Disability Insurance and claims for benefits to financially needy individuals who are aged, blind, or disabled under the Supplemental Security Income program.
Over that period, the average allowance rate hovered from just below to just above 54 percent, although “different ALJs may have different opinions on the same set of evidence,” it said. While the allowance rate for the majority fell in the range of 40 to 70 percent, in 2022 for example 22 allowed fewer than 20 percent and 67 allowed more than 80 percent.
The average number of decisions per ALJ in 2022 was 244, although about 300 of them produced 300 or more decisions, including one who produced more than 500.
The data exclude ALJs with administrative duties, on a part-time schedule, on extended leave, or who “are new and not expected to produce as many decisions as more seasoned ALJs.”
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